O. Reg. 51/03: ELECTRICITY PRICING

 

ontario regulation 51/03

made under the

Ontario energy board act, 1998

Made: March 5, 2003
Filed: March 6, 2003
Printed in The Ontario Gazette: March 22, 2003

Amending O. Reg. 339/02

(Electricity Pricing)

1. Subsection 3.1 (3) of Ontario Regulation 339/02 is amended by striking out “not later than March 31, 2003” and substituting “not later than September 30, 2003”.

2. Subsection 3.2 (3) of the Regulation is amended by striking out “not later than March 31, 2003” and substituting “not later than September 30, 2003”.

3. The Regulation is amended by adding the following sections:

Obligation to make payments under subs. 79.1 (16) of the Act

3.2.1 (1) For the purposes of subsection 79.1 (16) of the Act, a distributor shall make a payment to a consumer who,

(a) had an account with the distributor at any time between May 1, 2002 and November 24, 2002;

(b) was charged by the distributor as a residential customer;

(c) did not have an account with any distributor or a contract with any retailer licensed under Part V of the Act on November 25, 2002 and can so satisfy the distributor; and

(d) has not received any payment under Part V of the Act, other than a payment under this section.

(2) For the purposes of subsection 79.1 (16) of the Act, a retailer shall make a payment to a consumer who,

(a) had a contract with the retailer at any time between May 1, 2002 and November 24, 2002 where the retailer billed the consumer under retailer consolidated billing;

(b) was charged as a residential customer;

(c) did not have an account with any distributor or a contract with any retailer licensed under Part V of the Act on November 25, 2002 and can so satisfy the retailer; and

(d) has not received any payment under Part V of the Act, other than a payment under this section.

(3) A consumer shall make a request for a payment under subsection (1) or (2) by September 30, 2003.

(4) The amount of the payment to the consumer under subsections (1) and (2) shall be calculated in accordance with section 3.2.2.

Calculation of payments under subs. 79.1 (16) of the Act

3.2.2 (1) Subject to subsection (3), the amount of a payment by a distributor or retailer to a consumer as required by section 3.2.1 shall be determined in accordance with the following formula:

A – B

where,

A = subject to subsection (2), the total amount that the consumer paid to that distributor or retailer, in respect of the commodity price for electricity used, including total losses, during the period from May 1, 2002 to November 24, 2002,

B = subject to subsection (2), the total amount that the consumer would have been charged, by that distributor or retailer, in respect of the commodity price for electricity used, including total losses, during the period from May 1, 2002 to November 24, 2002, if the commodity price for electricity had been 4.3 cents per kilowatt hour during that period.

(2) If May 1, 2002 falls within a billing period that includes any day before that day, or if November 24, 2002 falls within a billing period that includes any day after that day, a distributor or retailer may, for the purpose of subsection (1), estimate the amounts charged during that billing period that relate to electricity used during the period from May 1, 2002 to November 24, 2002. 

(3) The amount of the payment that a distributor or retailer is required to make under section 3.2.1 to a consumer is the amount determined under subsection (1) or zero, whichever is greater.

(4) A distributor or retailer who is required to make a payment under section 3.2.1 shall do so by mailing or hand-delivering a cheque or some other form of payment mutually agreed on to the consumer at the most recent address provided by the consumer or at such other location as may be mutually agreed on.

(5) Despite subsection (1), the amount of payment by a distributor required under section 3.2.1 to a consumer who maintained a PPVA account between May 1, 2002 and November 24, 2002 shall be equal to the amount paid by the consumer to the distributor to reduce the outstanding PPVA account with the distributor to zero.